Applying to ´óÏóÊÓÆµto deal with deregistered company property

´óÏóÊÓÆµexercises its discretionary powers to deal with vested property as a last resort, usually when other remedies are unavailable.

Important:

  • You must read the information below about how ´óÏóÊÓÆµdeals with different property types and alternative remedies before you apply to ASIC.
  • If alternative remedies are not available to you, see the information provide within the checklists for preparing an application and instructions on how to submit your application to ASIC.
  • There is no guarantee that an application will be successful. There may be circumstances where ´óÏóÊÓÆµdoes not consider it appropriate to deal with deregistered company property. In those circumstances, the company may need to be reinstated to deal with the property itself.

This page contains:

Also see:

Different property types and alternative remedies you must try before applying to ASIC

FAQs: Applications to ASIC

How long will it take to assess my application?

´óÏóÊÓÆµusually makes a decision within 60 days of receipt of all requested materials. You need to take this timeframe into account and if necessary, re-schedule any transactions (e.g. settlement dates) to include this 60 day period. Delays occur when incomplete applications are submitted.

Please allow at least 30 days before enquiring about the progress of your application.

Urgent applications

In certain situations, ´óÏóÊÓÆµmay consider applications on an urgent basis (i.e. within a specific and short timeframe). However, ´óÏóÊÓÆµwill only do so in exceptional circumstances because this would give the urgent application priority over other applications lodged in a timelier manner.

Applicants must therefore clearly demonstrate that the urgency results from factors beyond their reasonable control that they could not have reasonably foreseen. Settlement of a contract of sale is not a sufficient basis for urgent consideration.

Do I need legal representation?

While ´óÏóÊÓÆµreceives many satisfactory applications from applicants directly, you may wish to consider seeking independent legal advice. ´óÏóÊÓÆµis only able to provide you with guidelines on how to make the application.

More information

Effects of deregistration

This is only a general guide as to ASIC's approach to the property and rights that pass to ´óÏóÊÓÆµand the Commonwealth on deregistration of a company. This document does not represent legal advice and should not be interpreted as such. Each application or enquiry will be considered on its facts and decided on its individual merits, based on all the information available to ´óÏóÊÓÆµat the time. We encourage you to seek your own professional advice to find out how the law applying to deregistered companies affects your individual circumstances.

Last updated: 01/04/2014 12:00